Title 15Commerce and TradeRelease 119-73

§1692f Unfair practices

Title 15 › Chapter CHAPTER 41— - CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER V— - DEBT COLLECTION PRACTICES › § 1692f

Last updated Apr 6, 2026|Official source

Summary

Stops debt collectors from using unfair or harsh methods to get money. They must not collect any charge (including interest, fees, or other costs) unless the loan or law allows it. They cannot take a check dated more than five days in the future (a postdated check) unless they tell the payer in writing that they plan to deposit it, giving notice no more than 10 and no less than 3 business days before the deposit. They may not ask for a postdated check to threaten criminal charges, nor deposit or threaten to deposit a postdated check before its date. They cannot hide the real purpose of a call or message to make someone pay extra charges (for example, collect phone calls or telegram fees). They may not try to repossess or disable property outside court if they have no current right to it under an enforceable security interest, have no present intent to take it, or the law protects the property from being taken. They must not contact a consumer about a debt by postcard, and may not put words or symbols on mail or telegram envelopes except their address; they may use a business name only if it does not show they are in the debt collection business.

Full Legal Text

Title 15, §1692f

Commerce and Trade — Source: USLM XML via OLRC

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1)
(2)The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
(3)The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
(4)Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
(5)Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
(6)Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if—
(A)there is no present right to possession of the property claimed as collateral through an enforceable security interest;
(B)there is no present intention to take possession of the property; or
(C)the property is exempt by law from such dispossession or disablement.
(7)Communicating with a consumer regarding a debt by post card.
(8)Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section 1692 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1692f

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73